Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1887-01-07
THE HOG LII ".
IN Act regulating Hogs
round TresspassinO n
Idaho territory.
BY LARIMER.

Be IL enacted by the Legislative Assembly Of
the Territory Of Idaho, as folloeos !:
SECTION /. That any hog or hogs
found tresspassing upon the premises OF
any person or persons in the territory OF
Idaho, the rightful occupant or proprie-
tor of such premises may take up and
safely keep at the expense of the owner
or owners thereof, any such hog or hogs
so found tresspassing and hold the
same until the payment OF the expense
and damages by them created has been
made by the owner or owners thereof.
SECTION 2. Any person or persons
taking up hog or hogs under this act
shall Immediately thereafter write out
three notices in plain, legible hand,
giving a correct description of each and
every hog so taken up, with the marks
aud brands, if any on said hog or hogs,
and place of taking up, and shall pro-
ceed at once to post up said notices in
good and substantial manner, in three
conspicuous places in the precinct in
which said hog or hogs have been taken
up.
SECTION 3. If the owner and taker-up
of such hog or hogs cannot agree as to
the amount of damages so created, they
shall call upon Zone each) disinterested
persons residing in the precinct where
such tresspass has been committed, who
shall after first hearing all the facts in
the case, from both parties interest fix
the amount of damages, if any, TO be
paid, and the same shall be lien upon
such hog or hogs, until paid by the
owner, and if said amount is not paid
within five days. together with the costs
of keeping said hog or hogs, the taker-
up shall proceed to notify the constable
of the precinct, whose duty it shall be
to sell said hog or hogs at public auction
ON the premises where they were taken
up, after first giving five days notice OF
such sale in the manner prescribed in
section two (2) of this act for notices,
and the proceeds of such sale shall be
applied first to the payment of the con-
stables fees, which shall be the same as
on execution; second the payment of
tins award and subsequent charges for
keeping to the taker-up of such hog or
hogs, and the remainder, ifany, shall be
paid to the owner of such hog or hogs !;
Provided, that either party feeling
aggrieved by the award shall have the
right to appeal to any Justices or pro-
bate court within the county, within
Ave days after said award Prorided
further, that the party so appealing shall
file good and sufficient bond for the
payment of all costs and expenses
arising from said appeal.
SECTION 4. If the owner or person
entitled to the possession of such hog or
hogs does not appear and snbstantiate
his title thereto, and pay the charges
thereon, within ten days after notice
has been given, as provided in section
two (2) of this act, such hog or hogs
shall be sold by the sheriff or any con-
stable of the county at public auction.
upon first giving public notice thereof
in writing, by posting the same in
three of The most public places in the
precinct where such hog or hogs may
have been taken. ten days before such
sale. After deducting all the lawful
charges of the taking up and the fees of
the officers, which shall be the same as
on execution, the remaining proceeds of
such sale shall be by said officer selling
paid 10 the county treasurer. taking his
receipt therefor, which he shall imme-
diately file with the auditor and recor-
der of the county; and if at any time
within six months after the filing of
said receipt the owner or owners shall
make satisfactory proof to the board of
county commissioners that he or they
were the lawful owner or owners of said
hog or hogs at the time they were taken
up and sold, the board of county COM
missiopers shall direct the auditor and
recorder to draw a warrant on the
for the amount paid TO such county
treasurer from the proceeds of the sale
of such hog or hogs, as shown by the
receipt of said treasurer.
SECTION 5. All acts and parts of acts
in conflict with the provisions of this act
are hereby repealed.
SECTION 6. This act to take effect and
be in force from and after its approval
by the governor.